Frequently Asked Power of Attorney Questions

When is the best time to grant somebody a Power of Attorney?

You can grant Power of Attorney at any time whilst you have the mental capacity to do so.

However, if you are elderly or you have serious health issues then it is something you should think about doing now, to protect yourself for the years ahead.

Who is the best person to give my Power of Attorney to?

The best person to choose is someone you trust and who knows you well so that when they make decisions on your behalf they have an idea of what your wishes would be. This could be a family member or a friend.

Do I have to give somebody Power of Attorney over everything or can it be for just one area of my life, such as financial matters?

There are currently two types of Power of Attorney:

  • a Continuing Attorney deals with financial and legal matters;
  • a Welfare Attorney deals with issues of personal care and medical treatment.

You can grant either one of these Powers of Attorney separately or together and your attorney doesn’t need to be the same person in each case.

Can I cancel the Power of Attorney or change the person that I want to give it to?

As long as you retain mental capacity, you can recall a Power of Attorney and appoint a new attorney.

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